Main Tender in Procurement Law

The main tender is the bidder's standard tender, which fulfils the tender conditions in full and without modification. It forms the basis of tender evaluation and must be distinguished from alternative and variant tenders.

Definition: The main tender is the tender submitted by a bidder that fulfils the requirements and conditions set out in the procurement documents fully and without modification, serving as the basis of tender evaluation, in distinction to alternative tenders and variant tenders.

Last updated: January 2026 · Legal basis: § 53 VgV; § 35 UVgO; § 126 BVergG 2018; § 16 VOB/A

What is the main tender?

The main tender is a bidder's tender that corresponds in content to the tender notice and fulfils, without deviation, the technical specifications, the description of services and the contract conditions prescribed by the contracting authority in the procurement documents. It is the standard case of tender submission and must be submitted unless only alternative tenders are admitted.

In Germany, the main tender is not defined as a separate term in the VgV or the GWB; the term emerges by inference from the statutory rules on alternative tenders (§ 53 VgV). In Austria, the BVergG 2018 expressly speaks of "main tenders" in § 126 in the context of admitting alternative tenders.

Significance in the procurement procedure

The main tender is the mandatory basis of tender evaluation when the contracting authority admits alternative tenders; without main tenders being submitted, transparent and comparable competition would not be possible.

Relationship to alternative tenders and variant tenders

In the contract notice, the contracting authority can either admit alternative tenders (also: variant tenders) or expressly exclude them:

Alternative tender – A tender that deviates from the technical specifications of the tender but promises at least equivalent performance (§ 53 VgV, Art. 45 Directive 2014/24/EU). Alternative tenders are admissible only if the contracting authority expressly permits this in the contract notice.
Variant tender – A tender that contains price or contractual variants without deviating from the technical specifications.

Where alternative tenders are admitted, the bidder generally must also submit a main tender. A bidder who submits only an alternative tender without a main tender risks the exclusion of their tender if the contracting authority requires the submission of a main tender. Under Austrian law (§ 126(2) BVergG 2018), the submission of a main tender is mandatory where alternative tenders are admitted, unless the contracting authority expressly waives this obligation.

Obligation to submit

If the contract notice mandates the submission of a main tender, a tender containing only an alternative tender must be excluded. A bidder can submit both a main tender and one or more alternative tenders; the evaluation is carried out first for the main tender.

Related terms

Last updated: January 2026 All information is provided without warranty. For legally binding advice, please consult a law firm specialising in procurement law.